Supreme Court Upholds Right to Privacy for Election Candidates in Asset Disclosure
1: The Judgement and Its Backstory
- The Supreme Court of India ruled that election candidates need not reveal all movable assets they own, acknowledging the Right to Privacy of candidates.
- An MLA from Arunachal Pradesh filed a petition challenging a 2023 Guwahati High Court judgement that nullified his election because of not revealing three vehicles as assets in his electoral affidavit.
- The claim was that this omission was a "corrupt practice" under Section 123 of the Representation of People Act (RPA), 1951.
- The Supreme Court ruled that withholding privacy on matters irrelevant to voters or unrelated to public office candidate did not constitute a "corrupt practice" or a "defect of a substantial nature" under the laws.
2: Understanding the Right to Privacy
- The Supreme Court, in its landmark decision in K.S. Puttaswamy vs Union of India (2017), identified the right to privacy as a fundamental right.
- This right protects individuals from interference by the State and non-state actors, allowing them to make autonomous life decisions.
- The right to privacy, an aspect of the right to life and personal liberty, is protected under Article 21.
3: Representation of People Act (RPA) 1951 – An Overview and Its Significance
- The RPA 1951 regulates the conduct of elections and the qualifications and disqualifications of elected representatives.
- Its provisions include regulating election conduct, specifying qualifications and disqualifications for parliament and legislative houses membership, curbing corrupt practices and other offences, and outlining procedures for resolving election-related disputes.
- 'Corrupt practices' under Section 123 of the act include bribery, undue influence, spreading false information, and fostering feelings of enmity or hatred between citizens.
- In the 2017 Abhiram Singh versus C. D. In The Commachen Case, the court ruled that candidates cannot appeal for votes based on their own or voters’ religion.
- Importance of RPA 1951:
- It bars persons with criminal backgrounds from entering representative bodies, thus aiming to decriminalise Indian politics.
- It mandates every candidate to disclose assets, liabilities and account of election expenses, promoting accountability and transparency.
- It discourages corrupt practices like booth capturing, bribery or promoting enmity, thereby ensuring free and fair elections.
- It allows only political parties registered under section 29A of the RPA Act to receive electoral bonds, aiding transparency in electoral funding.
4: Implications of the Judgment
- Every candidate retains their privacy rights and need not publicise every asset they possess.
- The decision maintains that disclosure should be limited to information essential for voters to make an informed choice.
- This judgement opens the door for more balanced legal interpretations of privacy rights of public figures.
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